CHAPTER
305
BROADCASTING |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Membership of the Corporation. |
Meetings and proceedings. |
Relations of Minister with Corporation. |
Appointment and duties of officers and servants. |
Duty of Corporation and limitations. |
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Provision of services by The Bahamas
Telecommunications Corporation. |
Provisions of time free of charge to Minister. |
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Corporation to administer funds. |
Corporation to retain moneys received. |
Assets and liabilities of broadcasting branch of
Telecommunications Department. |
Proceedings to be taken summarily. |
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Powers of Minister to prohibit broadcasting of
particular matter. |
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Application and grant of licences |
SCHEDULE - Equipment for Broadcasting. |
CHAPTER 305 |
BROADCASTING |
An Act to
make provision for the establishment of a Corporation to carry on a
broadcasting and television service in The Bahamas and for matters connected
therewith. | 18 of 1956
4 of 1957
35 of 1958
20 of 1959
27 of 1961
5 of 1963
48 of 1963
43 of 1964
35 of 1969
17 of 1971
24 of 1972
E.L.A.O., 1974
6 of 1977
1 of 1992
28 of 1992
25 of 1994
25 of 1999
3 of 2000 |
[Commencement 17th
May, 1956] |
1. This Act may be cited as the Broadcasting Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"broadcasting" means transmissions by
radiocommunications of messages or information, or educational or entertainment
material, for general reception by the public or any section of the public; |
"broadcasting service" means a
telecommunication service consisting only of broadcasting. |
"Corporation"
means the Broadcasting Corporation of The Bahamas established by section 3 of
this Act; |
"Minister"
means the Minister responsible for relations with the Broadcasting Corporation
of The Bahamas; |
"radio"
means the transmission over any distance without connecting wires of programmes
of television or sound, or both, by means of Hertzian waves and includes the
reception of such programmes; |
"radiocommunications" means the emitting or
receiving, over paths that are not provided by any material substance and that
are constructed or arranged for that purpose, of the electro-magnetic energy of
a frequency not exceeding three million mega cycles a second being energy which
either- |
(a) serves for
the conveying of messages, sound or visual images (whether or not actually
received), or for the actuation or control of machinery or apparatus; or |
(b) is used in
connection with the determination of position, bearing, or distance, or for the
gaining of information as to the presence, absence, position or motion of any
object or of any objects of any class; |
"Standard
Broadcast Band" means that portion of the radio spectrum between 540
kilocycles and 1600 kilocycles; |
"television"
means the instant production at a distance of a transient visible image of an
actual or recorded scene by means of any electrical system of
telecommunication; |
"televising"
means the process of television. |
3. For the purposes of this Act there shall be
established a Corporation to be called the Broadcasting Corporation of The
Bahamas which shall be a body corporate with perpetual succession and a common seal, having capacity to acquire, hold and
dispose of property to contract and to sue and be sued in its corporate name: | The Corporation. |
Provided that,
subject to any existing contractual obligations, the Corporation shall not- |
(a) mortgage,
charge or demise any of its immovable property without the approval of the
Minister; or |
(b) sell
or otherwise alienate any of its immovable property in fee simple without the
approval of both Houses of Parliament signified by resolution. |
4. (1) The Corporation shall consist of five members
appointed by the Governor-General by notice in the Gazette. The members
of the Corporation shall hold office at the Governor-General's pleasure and
subject to this, shall be appointed for such period, not exceeding three years
nor less than one year, as the Governor-General may fix in relation to each
member at the time of his appointment: | Membership of the Corporation. |
Provided that no
person shall be qualified to be appointed or to hold office as a member of the
Corporation under this section if he is- |
|
(b) a member of
the public service. |
(2)
The Governor-General shall appoint one of the members of the Corporation to be
Executive Chairman and another to be Vice-Chairman. |
5. (1) A quorum at all the meetings of the Corporation
shall be three members. | Meetings and proceedings. |
(2)
At all meetings of the Corporation the Executive Chairman shall preside, but in
his absence the Vice-Chairman shall act as acting Chairman of the Corporation
with power to preside at any meeting; and in the absence of both of them the
Governor-General may appoint another member of the Corporation so to act. |
(3)
There shall be paid to the Executive Chairman or any acting Chairman or any
other members of the Corporation such remuneration (if any) whether by way of
salary, honorarium or fees and such allowances (if any) as the Minister may
determine, and in the exercise of his powers under this subsection it shall be
competent for the Minister to make different provision respecting different
members of the Corporation. |
(4) All questions
coming or arising before a meeting of the Corporation shall be decided by a
majority of the members present and voting thereon at the meeting and in the
case of an equality in votes the person presiding shall have a second or
casting vote. |
(5)
Subject as aforesaid the Corporation may make standing orders governing its own
procedure and that of its committees. |
(6) The common
seal of the Corporation shall be authenticated by the signatures of the
Executive Chairman or the Acting Chairman or the Vice-Chairman of the
Corporation and of the secretary to the Corporation or some other person
authorised by the Corporation to act in his stead in that behalf. |
(7) Every document
purporting to be an instrument issued by the Corporation and to be sealed with
the seal of the Corporation and authenticated in manner provided by this
section or to be signed by the secretary to the Corporation or by a person
authorised by the Corporation to act in his stead in that behalf, as the case
may be, shall be received in evidence and be deemed to be such an instrument
without further proof unless the contrary is shown. |
6. (1) The Minister may, after consultation with the
Corporation, give to the Corporation, such directions whether of a general or a
specific character as to the exercise and performance of its functions under
this Act as appear to the Minister to be requisite in the public interest and
the Corporation shall give effect to any such directions. | Relations of Minister with Corporation. |
(2) The
Corporation shall afford to the Minister facilities for obtaining information
with respect to the property, activities or the accounts of the Corporation as
the Minister may reasonably require for the proper exercise of the powers
vested in him by subsection (1) of this section. |
7. (1) The Corporation subject to the approval of the
Minister shall appoint- | Appointment and duties of officers and servants. |
(a) a general
manager who shall be the chief executive officer and adviser of the Corporation
and who shall be empowered to enter into advertising contracts on behalf of the
Corporation; and |
(b) a secretary
and such other officers and servants as the Corporation may determine. |
(2)
Subject to the provisions of this Act there shall be paid to the general
manager, secretary and other officers and servants of the Corporation such
salaries and remuneration as the Corporation may from time to time determine. |
(3) The secretary
and other officers and servants of the Corporation referred to in paragraph (b)
of subsection (1) of this section shall have such powers and duties as the
Corporation may from time to time determine. |
8. (1) It shall be the duty of the Corporation
to maintain broadcasting and televising services as a means of information,
education and entertainment and to develop the services to the best advantage
and interest of The Bahamas subject to such directions as the Minister may from
time to time lay down. | Duty of Corporation and limitations. |
(2)
The Corporation shall not by lease, sale or otherwise dispose of any rights
conferred by this Act, except with the consent of the Minister. |
9. (1) Subject to the provisions of this Act, the Corporation
may do all things necessary and convenient for the carrying out of its duties
under this Act. | Powers of Corporation. |
(2) Without
prejudice to the generality of the provisions of subsection (1) of this
section, the Corporation may- |
(a) purchase or
otherwise acquire and hold any personal property required for the purposes of
this Act and may dispose of any such personal property no longer required for
such purposes; |
(b) subject to
the approval of the Minister, purchase or otherwise acquire and hold and may
take on lease any real property and any interest therein required for the purposes of this
Act; |
(c) erect,
equip and maintain plant, buildings, stations and equipment necessary for
broadcasting and televising; |
(d) provide
broadcasting and televising facilities for commercial and social activities
including the broadcasting and televising of advertisements and make charges
therefor; |
(e) compile and
prepare, print, publish, issue, circulate and distribute, whether gratis or
otherwise, such papers, magazines, periodicals, books and other literary matter
as may seem conducive to the objects of the Corporation; |
(f) collect
news and information in any part of the world and in any manner that may be
thought fit and establish and subscribe to news agencies; |
(g) acquire by
registration, purchase or otherwise copyrights in any matter whatsoever,
including literary, musical and artistic works, plays, songs, gramophone and
other records, and news, and any trademarks and trade names, and use, exercise
develop, grant licences in respect of, or otherwise turn to account the same
with a view to the furtherance of any of the objects of the Corporation; |
(h) produce,
manufacture, purchase or otherwise acquire films, gramophone and other records,
and material and apparatus for use in connection with films and such records
and employ such films, records, material and apparatus in connection with the
broadcasting and televising services of the Corporation or for any purpose
incidental thereto and sell, rent or otherwise dispose of such films and
records: |
Provided
that nothing herein contained shall be deemed to authorise the Corporation to
display films or play records for the entertainment of the public except as
aforesaid. |
10. If the Corporation desires to broadcast or
televise advertisements, it shall publish tariffs of advertising charges which
shall be fixed from time to time by the Corporation subject to the approval of
the Minister. | Advertising. |
11. The Bahamas Telecommunications Corporation,
established by section 3 of the Bahamas Telecommunications Act,
shall provide such technical operating services as the Corporation may require
on payment of such charges as may be mutually arranged between the Corporation
and the Telecommunications Corporation and approved by
the Minister. | Provision of services by the Bahamas
Telecommunications Corporation. |
12. The Corporation shall provide free of charge such
broadcasting time in the Standard Broadcasting Band not exceeding in any week
six hours during that period from the beginning of transmission until 6 p.m.
and not exceeding three hours during that period from 6 p.m. until closing time
as the Minister may from time to time require. | Provision of time free of charge to Minister. |
13. (1) Subject to this section, the Corporation may
borrow sums required by it for meeting any of its obligations or discharging
any of its functions and may in respect of any such borrowing, issue debentures
in such form as the Corporation may determine. | Borrowing powers. |
(2) The power of
the Corporation to borrow shall be exercisable only with the approval of the
Minister given with the consent of the Minister of Finance, as to the amount
and as to the sources of the borrowing and as to the terms on which the
borrowing may be effected. |
(3) An approval
given in any respect for the purposes of this subsection may be either general
or limited to a particular borrowing or otherwise and may be either
unconditional or subject to conditions. |
(4) A person
lending money to the Corporation shall not be bound to inquire whether the
borrowing of money is within the power of the Corporation. |
14. (1) The Corporation shall open and operate its own
bank account in a Chartered Bank to be designated by the Minister and may
administer all sums of money and revenues which may be obtained by or given to
the Corporation or derived from any other source, exclusively in furtherance of
the purposes of this Act. | Corporation to administer funds. |
(2) The
Corporation shall keep proper accounts and other records in relation thereto
and shall prepare in respect of each financial year a statement of accounts. | Corporation to render proper accounts which shall be
audited. |
(3) The accounts
of the Corporation shall be audited by an auditor to be appointed annually by
the Corporation with the approval of the Minister. |
(4) As soon as the
accounts have been audited the Corporation shall submit a copy of the statement
of accounts referred to in subsection (1) of this section to the Minister
together with a copy of any report made by the auditor on the statement or on
the accounts of the Corporation and such statement and report, if any, shall be
laid upon the table of both Houses of Parliament as soon as is practicable
thereafter. |
15. (1) The Corporation shall retain for the purposes
of this Act all moneys received by it arising out of its business. | Corporation to retain moneys received. |
(2)
The Corporation may for the purposes of financing the construction,
installation and improvement of the services authorised by this Act, establish
a reserve fund and may provide a contribution annually to such a fund from the
net profits of the Corporation of such amount as it thinks fit. Subject
thereto, the Corporation shall apply all its net profits to reducing the sum or
sums borrowed under subsection (1) of section 13 of this Act and the surplus
(if any) shall be paid into the Consolidated Fund. |
16. (1) As from the date of the coming into force of
this Act there shall vest in the Corporation for the purposes of this Act all
the assets and liabilities and all the apparatus, machinery, plant and other
equipment for broadcasting of the Broadcasting Branch of the Telecommunications
Department and which said apparatus, machinery, plant and other equipment for
broadcasting are more particularly described in the Schedule hereto. | Assets and liabilities of broadcasting branch of
Telecommunications Department. |
(2)
The assets referred to in subsection (1) of this section the valuation of which
has been fixed at twenty eight thousand five hundred and fifty two dollars
shall vest in the Corporation and until such time as the Corporation pays into
the Consolidated Fund in aid of the general revenue of The Bahamas the amount
of such valuation the Corporation shall pay to the Treasurer interest at the
rate of four per cent per annum on the amount of such valuation. |
17. All penalties and all expenses and sums of money
made payable to or recoverable by the Corporation under this Act may be sued
for and recovered by the Corporation summarily. | Proceedings to be taken summarily. |
18. (1) The Minister may make rules- | Rules. |
(a) to control
the character of any and all programmes broadcast or televised by the
Corporation or
any other person; |
(b) to
determine the proportion of time which may be devoted to advertising in any
programme and to control the character of such advertising; |
(c) to
prescribe the proportion of time which may be devoted to political broadcasts
and to assign such time on an equitable basis to all parties and rival
candidates; |
(d) to provide
for the employment, dismissal, control and remuneration of the general manager,
secretary and such officers and servants, technical or otherwise, as may be
necessary; |
(e) to provide
for the appointment of advisory councils to advise the Corporation as to
programmes and other matters; |
(f) to
prescribe and regulate the payment and collection of fees for broadcasting or
televising services; |
(g) to
annex to the contravention of any rules made under this section a fine not
exceeding one thousand dollars or imprisonment for a term not exceeding six
months or both such fine and imprisonment; |
(h) regulating
the broadcasting or televising services operated by any person for the purpose
of ensuring compliance with the rules and regulations of any international
regulatory body or the provisions of any international Convention to which the
Commonwealth of The Bahamas is a party; |
(i) as
to the form and manner in which an application for a licence may be made or
granted and the conditions subject to which such grant may be made; |
(j) generally
in respect of any matter in connection with the broadcasting or televising
services not otherwise provided for. |
(2)
For the purpose of giving effect to any rules made under subsection (1) in
respect of any political broadcast or advertisement, the general authority of
the Corporation over its general manager shall be subordinate to that of the
Electoral Broadcasting Council established under the Parliamentary Elections
Act, 1991, being that authority of the Council as conferred by that Act and
those rules. |
19. (1) The Minister may, if he considers it to be in
the public interest to do so, from time to time by notice in writing require
the Corporation to refrain at any specified time or at all times from
broadcasting or televising any matter or matter of any class specified in such
notice; and the Minister may at any time or times vary or revoke any such
notice. | Power of Minister to prohibit broadcasting of
particular matter. |
(2)
In the exercise of the powers conferred by this section, the Minister may
require the Corporation to announce or refrain from announcing that such notice
has been given or has been varied or revoked and the Corporation shall comply
with such requirements. |
20. (1) Notwithstanding the provisions of the Bahamas
Broadcasting and Television Commission (Amendment) Act, 1972, is hereby
declared that the Broadcasting Corporation of The Bahamas established by this
Act as amended by that Act shall be to all intents and for all purposes
whatever regarded as identical with the Bahamas Broadcasting and Television
Commission which was established by this Act before the coming into force of
that Act. | Saving. |
(2) A reference in
any agreement, deed, instrument, application, notice, or other document
whatsoever to the Commission shall, unless the context otherwise requires, be
read as a reference to the Corporation. |
21. (1) A person intending to establish or operate in
The Bahamas after the coming into operation of this section a broadcasting service or cable television system
shall in accordance with the prescribed rules first make application to, and
obtain from the Minister a licence authorising the establishment or operation
of that service. | Application and grant of licences. |
(2) Where the
Minister is satisfied that an application is in conformity with the prescribed
rules and upon payment of the requisite fee he may grant a licence to the
applicant subject to such conditions as may be prescribed. |
(3) Nothing in
subsection (1) shall apply- |
(a) the
functions conferred upon the Corporation by this Act; |
(b) functions
conferred by The Bahamas Telecommunications Corporation Act upon the
corporation established thereunder; |
(c ) any system
operated by the Royal Bahamas Police Force or the Royal Bahamas Defence Force. |
(4)
All fees collected in respect of licences issued under this section shall be
paid into the Consolidated Fund. |
SCHEDULE (Section 16) |
2 RCA
Turntables with 78 RPM 33 1/3 RPM and 45 RPM. |
1 RCA
Consolette. |
2 Rek-O-Kut
Turntables with 78, 45 and 33 1/3 RPM. |
1 Monitoring
Radio and loudspeaker. |
1 Collins
Mixer Amplifier. |
1 Ampex Tape
Recorder. |
2 Magnecorder
Tape Recorders. |
1 Steinway
Piano and bench. |
1 Hammond
Electric Organ and bench. |
1 Dual
Turntable Disc Recorder. |
1 Bass
Violin. |
7 Office
Desks. |
11 Chairs. |
11 Microphones. |
Record
Library with cabinets. |
6 Microphone
stands. |
3 Music
stands. |
6 Typewriters. |
4 Loudspeakers. |
1 Collins
Outside Broadcast Amplifier. |
6 Filing
Cabinets. |
4 Pairs
Earphones. |
3 Record
Racks-Revolving. |
1 Vacuum
Cleaner. |
1 1-Kilowatt
Collins Broadcast Transmitter. |
1 5-Kilowatt
Amplifier. |
1 Antenna
System. |
1 Modulation
Indicator. |
1 Frequency
Deviation Meter. |
1 Public
Address System. |